State and federal employment and labor laws can certainly be complex and difficult to keep up with because of constant changes, but it is the responsibility of all employers in San Diego and throughout the entire state of California to make sure that their policies conform to current laws and that these policies are enforced in the workplace.
Although a company may not intentionally violate an employee's rights, employees in California should not be afraid to stand up for their rights or to raise awareness about employment law issues if they believe that an employer's practices are not in compliance with state and federal laws.
According to an advisor for an online legal service, employers are susceptible to making common mistakes when they do not understand employment and labor laws. When these mistakes are made, an employer is certainly violating the law, but they may also be able to get away with their actions if employees do not understand their own rights.
In order to better educate employees about their protections under state and federal laws, the advisor for the online legal service has outlined five areas in which employers commonly make mistakes that could result in the violation of one's rights as an employee.
One common mistake employers make is misclassifying workers. Is a worker an employee of the company or is her or she considered a contract worker? In order to make sure that a worker is classified correctly for tax, withholding and overtime pay purposes, employers need to follow specific guidelines provided by the federal government.
We will continue this discussion later this week, focusing on four other areas of employment and labor laws that businesses commonly misinterpret which could lead to the violation of an employee's rights.
Source: The Washington Post, "Common HR nightmares employers can avoid," J.D. Harrison, Jan. 12, 2012